By. Sri. K. Gheevarghese, President :-

The complaint filed under section 12 of the Consumer Protection Act 1986.

The complaint in brief is as follows:- The Complainants availed loan from the Opposite party's Bank and the repayment was not done in time and the amount became due. The Debt Relief Commission of Kerala waived off Rs.75,109/- and the Complainants were entitled to make the payment of the balance amount in February 2009. The Opposite party's bank not acted as directed by the Debt Relief Commission order. The relief granted by the commission was not in effect by the latches of the Opposite Party, there by the Complainants

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were compelled to remit the entire loan amount the non granting of the relief in the way of waiving the debt is a deficiency in service on the part of the Opposite Parties. There may be an order directing the Opposite parties to:-

1. To refund the Complainant the amount remitted.

2. To give compensation of Rs. 50,000/- and cost Rs.3,000/- is to be given by the Opposite Party to the complainant.

2. The Opposite Parties filed version in brief it is as follows:- The 1^st and 2^nd Complainants availed loan of mutual guarantee. The 1^st Complainant was given loan of Rs.1,50,000/- in NAST scheme and another loan Rs.1,62,000/-. The 1^st Complainant has received benefit of the Debt Relief scheme by the Central Government, as per which Rs.23,158/- was waived off. The business loan was paid to the 1^st Complainant of Rs.1,62,000/-. A rebate of Rs.28,669 was also paid to the 1^st Complainant. After deducting the rebate the 1^st Complainant is yet to pay the Opposite Party Rs.63,342/- as interest and the principle amount is Rs.1,50,000/-. The 2^nd Complainant availed a loan of Rs.25,000/- (KCC loan) and NAST Loan of Rs.1,25,000/-. The Central Government Debt Waiver Scheme and its benefits was given to the 2^nd complainant and Rs.25,204/- was waived off from the account of the 2^nd Complainant. The 2^nd complainant was also given the benefit of the scheme on repayment the principle and interest of the loan amount and rebate of Rs.11,913/- was also given to the 2^nd Complainant. The write off scheme of the State Government is not conveyed to this Opposite Party if any waive off debt is to be done. The complainant is not based on reasons. The payment towards the debited amount was done by the complainant voluntarily. The petition is a result of an after thought. The order prayed by the Complainant is vague and not specific the complaint is to be dismissed with cost. (Contd.....3)

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3. The points in consideration are:-

1. Whether any deficiency in service on the part of the Opposite Parties?

2. Relief and cost.

4. Point No.1:- The evidence consists of the oral testimony of the Complainant and Opposite Parties. Ext.A1 to A3 are the documents produced for the Complainant. Ext.X1 is the document summoned. The Opposite Party filed documents Exts.B1 to B8. The cases of the Complainants are that the Complainants availed loan from the Opposite Party's Bank under agricultural scheme, non agricultural short term loan and business loan. The right of benefits declared by the State Government for waiving off the loan of the Complainant was not granted to them. Ext.A1 is the true copy of final order of the Kerala State Farmers Debt Relief

Commission, Thiruvananthapuram. The 1^st Complainant found to be eligible for debt relief

for Rs.70,000/-. In the oral testimony of the 1^st Complainant (PW1) already admitted that the benefit of the scheme was not given to him. The Manager of Opposite Party is examined as OPW1 it is admitted that the loan availed by the Complainants under two heads was given the benefit of the write off scheme declared by the Central Government. The non issuance of the Debt Relief Scheme to the Complainant was only because of the reason of non receival of Debt Relief Commission's order. The Complainants case is that the order of the Debt Relief Commission was in time reported to the Opposite Party, how ever the benefit of the scheme was not given to the Complainant and it is also admitted by the Opposite Party that they are bound to act upon in pursuance of the order of the Debt Relief Commission. The non issuance of the favour of the Debt Relief Scheme is a deficiency in service. The Opposite Parties collected from the Complainant the entire amount which was due from the Complainant towards the loan amount. Exts.A1 is an order in which the 1^st Complainant is entitled to get

(Contd.....4)

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Rs.70,000/- and the balance amount Rs. 2,00,000/- was liable to be remitted towards the loan of the 1^st Complainant. The 1^st Complainant closed the loan account without getting the benefit of the scheme. The payment of the 1^st Complainant towards the closing of the loan of Rs.70,000/- the amount which was already waived off by the order of the Debt Relief Commission, Kerala is to be compensated along with interest at the rate of 8% from the date of filing this complaint till realisation of the same.

In the result, the complaint is partly allowed. The Opposite Party is directed to refund Rs.70,000/- (Rupees Seventy thousand only) with an interest at the rate of 8% to the 1^st Complainant from the date of filing the complaint till realisation. The Opposite Party is also directed to comply with this order within one month from the date of receiving this. No order as to costs.

Pronounced in open Forum on this the day of 30^th October 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant:

PW1. Mathai Agriculture

Witnesses for the Opposite Parties:

OPW1. Rukmini. Manager, Sulthan Bathery Co-operative Bank.

(Contd.....5)

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Exhibits for the Complainant:

A1. Final order. dt:23.2.2008.

A2 series (3 numbers) Receipts.

A3 series (2 numbers) Receipts.

Exhibits for the Opposite Parties:

B1. True extract of Business loan ledger in the name of P P Mathai.

B2 series (4 sheets). True extract of loan ledger.

B3. True extract of account No.251.

B4. Copy of Loan Receipt list.

B5. Copy of Miscellaneous Ledger from 28.2.2009 to 28.2.2009. dt:28.4.2009.

B6.(3 sheets) True extract of the loan account kept in the name of Chinnama.

B7. Copy of Account details.

B8. Copy of Rebate Receipt.

X1. Receipts.